Description
The pursuer claimed that he suffered loss, injury and damage as a result of an accident at work where a man, Mr McShane, died. It was averred that when the pursuer was moving his trailer he heard a loud noise and then a scream. He stopped his lorry immediately, but employees of the defenders shouted to him to pull his lorry forward. He tried to restart the lorry but it stalled. That caused a fall in air pressure in the brakes, as a result of which the pursuer was unable to move the lorry. After a period, the pursuer restarted the lorry and moved it forward and then came out of his cab and ran to the back of the vehicle, where he saw that Mr. McShane badly injured. The defenders contended that the pursuer's averments were irrelevant and lacking in specification. In particular, that the pursuer had averred neither that during the incident he was exposed to danger nor that he considered himself to have been exposed to danger. In those circumstances the pursuer had not averred that he was a primary victim of the incident. Further, it was stated that the pursuer had not averred that he had a close tie of love and affection with the person killed, and that accordingly he had not averred that he was entitled to recover as a secondary victim of the incident. The motion enrolled by the pursuer for a proof was opposed by the defenders. The court here considered whether a procedure roll discussion was appropriate or whether the action should be sent to proof.
